Possible Lawsuit? Need opinions please
Alright well I have come to the conclusion that I am going to file a civil lawsuit and sue this tool who sold me my accord. I'll try to make the story short but detailed as possible; But I need you guy's opinions on the legitimacy of this case:
May of 2003 I found a very clean, stock accord that was for sale locally. I Arranged for an appointment to test drive/look at the car with the seller. It test drove perfect with no problems (no pulling while driving, etc). I asked the seller many questions; has it been in a wreck, any problems, etc. Btw, the seller actually worked in the honda body shop. He said it had been in a "brush up" with very little damage - only small damage to the front passanger fender which he replaced.
I wasn't familiar at all with accords or cars in general, and what to look for when buying a used car. So I had a mechanic inspect it, and it came back with no problems according to him. I also ran a carfax on the car and it came back with absolutely nothing. Accident free, lemon free, no odometer rollback, etc... So after a few days of discussing it with my parents, we went back and finally bought this accord. I was so excited.
But about 3-4 months into owning the accord I started to notice a lot of pulling to right side and front end shaking while driving. Also fluid was leaking. So I took it to honda and ended up having to do $1400 worth of repair. Crossmembers, CV boots, radius rods, etc, basically every steering component. Honda told me it seems it had been in a wreck and whoever fixed it used cheap parts and half-assed it. They also told me that there was a crack in the transmission casing, which had been JB welded, and to fix it I'd have to get a whole new tranny casing (another $1000 job). But I never did do that and still havent replaced the tranny casing, and it still leaks to this day.
So I happen to join HS while all this is happening, and turns out I meet the prior owner of my accord who is on HS (fryd_up). And VERY long story short, I tell him what has happened, and he tells me that it was in a wreck...and was actually considered totalled by insurance. He sent me pictures and everything of the damage. In fact, I think he still has a thread on here about wrecking his accord.
Fast foward a year and a half...
And just today I find out that the outer tie rod is shot, which is going to be another thing I'll have to fix.
So here's the thing, after sitting down and thinking about what has happened, I think it is a legit lawsuit to file. I have so much evidence, hell I even know the prior owner. I went to honda also to search their records and even have record of my car being towed to the body shop after it was wrecked. The seller lied to me about it being wrecked...which is damn serious too. About $3500 worth of damage. And it could have been a safety hazard, if i was driving down the highway with bad tie rods, crossmembers, etc and what if they just snapped.
What do you think my chances are of winning a case like this? To sue him for money I have put into the accord to repair it? Thanks for any input guys
May of 2003 I found a very clean, stock accord that was for sale locally. I Arranged for an appointment to test drive/look at the car with the seller. It test drove perfect with no problems (no pulling while driving, etc). I asked the seller many questions; has it been in a wreck, any problems, etc. Btw, the seller actually worked in the honda body shop. He said it had been in a "brush up" with very little damage - only small damage to the front passanger fender which he replaced.
I wasn't familiar at all with accords or cars in general, and what to look for when buying a used car. So I had a mechanic inspect it, and it came back with no problems according to him. I also ran a carfax on the car and it came back with absolutely nothing. Accident free, lemon free, no odometer rollback, etc... So after a few days of discussing it with my parents, we went back and finally bought this accord. I was so excited.
But about 3-4 months into owning the accord I started to notice a lot of pulling to right side and front end shaking while driving. Also fluid was leaking. So I took it to honda and ended up having to do $1400 worth of repair. Crossmembers, CV boots, radius rods, etc, basically every steering component. Honda told me it seems it had been in a wreck and whoever fixed it used cheap parts and half-assed it. They also told me that there was a crack in the transmission casing, which had been JB welded, and to fix it I'd have to get a whole new tranny casing (another $1000 job). But I never did do that and still havent replaced the tranny casing, and it still leaks to this day.
So I happen to join HS while all this is happening, and turns out I meet the prior owner of my accord who is on HS (fryd_up). And VERY long story short, I tell him what has happened, and he tells me that it was in a wreck...and was actually considered totalled by insurance. He sent me pictures and everything of the damage. In fact, I think he still has a thread on here about wrecking his accord.
Fast foward a year and a half...
And just today I find out that the outer tie rod is shot, which is going to be another thing I'll have to fix.
So here's the thing, after sitting down and thinking about what has happened, I think it is a legit lawsuit to file. I have so much evidence, hell I even know the prior owner. I went to honda also to search their records and even have record of my car being towed to the body shop after it was wrecked. The seller lied to me about it being wrecked...which is damn serious too. About $3500 worth of damage. And it could have been a safety hazard, if i was driving down the highway with bad tie rods, crossmembers, etc and what if they just snapped.
What do you think my chances are of winning a case like this? To sue him for money I have put into the accord to repair it? Thanks for any input guys
I think you waited to long too, but I still think you have a case and should pursue it. The seller lied to you and with the amount of evidence you have, you should have no problem getting your money back for the repairs you already spent on or will need. But if it was me I would try to return the car and get my money back all together but I think its too late for that now. Just find out what you can and can't do. Good luck.
hrm, yea you waited too long...and usually used cars are as is. IF you dont have a contract with him stating it was never in an accident, its your word against his and you will lose. ( i just saw the same sorta case on "the people's court")
I think that you might have a case because the previous owner didnt report the vehicle as a salvage title, but then you may have to obtain a police report of the accident and if theres no police report/ insurance claim nothin will show up on carfax....good luck tho
dude... you bought a used car... its USED.... that means stuff has happened to it. By buying a used car you assume responsibility for any problems the car might have, disclosed or not. You did your part and visually and mechanically inspected it, and then you bought it. He has absolutely no obligation to you whatsoever.
If you present this to the court, they'll laugh in your face... if you persue it further, I'll e-laugh in your face. Sad but true.
If you present this to the court, they'll laugh in your face... if you persue it further, I'll e-laugh in your face. Sad but true.
Uh, if you're a new or used car dealer, you can't sell a car "AS IS," at least not in New York State. I'd be surprised if North Carolina allowed anyone to disclaim a warranty on a vehicle.
The Uniform Commercial Code is the part of federal law that talks about how commerce is to be conducted. In the UCC there is a section that allows a consumer to return a product after any length of time if the product is found to have a "hidden defect." This is one point which may help you get what you want.
Also, the seller lied to you.
Before you try to go to court, you're going to have to try to settle this yourself. Its a good idea to get a lawyer to handle this for you from now on.
The Uniform Commercial Code is the part of federal law that talks about how commerce is to be conducted. In the UCC there is a section that allows a consumer to return a product after any length of time if the product is found to have a "hidden defect." This is one point which may help you get what you want.
Also, the seller lied to you.
Before you try to go to court, you're going to have to try to settle this yourself. Its a good idea to get a lawyer to handle this for you from now on.


